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GITIN 18

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GITIN 18 (19 Teves) - Dedicated in memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim. Dedicated by his granddaughter and her husband, Mr. and Mrs. Avi and Lily Berger, of Queens, New York.

SUMMARY

Rav says that a woman must wait three months from the time she receives her Get before remarrying.
 
Shmuel says that she may get remarried 3 months after the writing of the Get.
 
If the husband does not seclude himself with his wife after the writing of the Get there is no concern of a Get Yashan. (1)
 
Rav says that if the husband paid part of the Kesuvah and the wife gave him the remainder as a loan Shevi'is is Meshamet the rest of the Kesuvah. Shmuel says that if the husband paid part of the Kesuvah or the wife gave him the Kesuvah as a loan, Shevi'is is Meshamet the Kesuvah.
 
When the money for Ones, Knas or Motzi Shem Ra is given to the perpetrator as a loan Shevi'is is Meshamet the Chov. (2)
 
Shmuel says that a Kesuvah is a Ma'aseh Beis Din and therefore it may be written by day and signed at night. (3)
 
Rav holds that a Kesuvah may only be written at day and signed at night if they were occupied in the Inyan of the Kesuvah until nightfall.
 
According to R. Shimon a predated Get is Kosher because he holds that as soon as the husband decides to divorce his wife he no longer has rights to the fruit of her Nichsei Melug. (4)
 
Reish Lakish says that R. Shimon is not Machshir a Get that is predated by ten days because of the concern that the husband appeased her in the interim. (5)
 
R. Yochanan says that even if the Get was predated by ten days it is Kosher according to R. Shimon and we are not concerned for a Get Yashan. (6)
 
If the husband tells ten people to write a Get for his wife, one of them shall write the Get and two of them shall sign the Get.
 
If the husband tells ten people that all of you shall write a Get for my wife all of them must sign the Get.
 
R. Yochanan say that when the husband says all of you shall write the Get two of them must sign as witnesses and the rest only sign to fulfill the condition.
 
Reish Lakish says that all ten of them sign as witnesses and therefore they must all sign on the same day and if one of them is a relative or is Pasul for Edus the Get is Pasul. (7)

A BIT MORE

1. A Get Yashan is when the husband secludes himself with his wife between the time that the Get was written and when it was given. We are concerned that she became pregnant and people will think that the child was conceived after her divorce and that he was born out of wedlock.
 
2. As soon as he is taken to Din it is regarded as a loan and Shevi'is is Meshamet.
 
3. The Chiyuv of a Ma'aseh Beis Din is as a result of the Psak of the Beis Din and therefore the Chiyuv is immediately at the time of the Kesivah and therefore even if it is signed at night is not regarded as predated.
 
4. Therefore if the husband sells the fruit of her Nichsei Melug she has the right to collect it from the buyer if it was sold after the date on the Get.
 
5. We are concerned for the possibility that he had relations with her between the time of the date on the Get and when it was given and it is a Get Yashan.
 
6. Because if he had appeased her there would be a Kol.
 
7. R. Yochanan holds that only two of them must sign on the same day and the rest may sign at a later date. In addition if one of the witnesses is a relative or is Pasul for Edus the Get is Kosher. However according to one opinion if a relative or a Pasul signed one of the first two signatures the Get is Pasul because of the concern that people might think that a relative or a Pasul is Kosher to sign on a Shtar.

BRIEF INSIGHT

PUNISHMENT OF DEATH
 
R. Yochanan holds that the Rabanan decreed that a date shall be written in a Get because of the concern that a person will cover up for his niece who is Mezaneh. Tosfos asks nowadays that the death punishment no longer applies why do we still maintain the decree of writing the date in the Get? Tosfos answers that it is a Gezeirah that one may cover up for Mamzerim w ho are born from his wife. Alternatively Tosfos says because the Beis ha'Mikdash shall be rebuilt swiftly in our days and the death punishment will be reinstituted. A third reason is so that the husband will not remarry his wife who is Mezaneh after the divorce.

QUICK HALACHAH

DICTATING TO TEN PEOPLE
 
If someone tells ten people to write a Get for his wife one of them shall write the Get for all of them. If he says that all of you shall write a Get one of them shall write in the presence of all of them. If he tells ten people to bring a Get to his wife one of them shall bring it for all of them. If he says that all you shall bring the Get one of them shall bring it in the presence of all of them. ((Rambam Hilchos Gerushin 9:26)

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